PaulTheSheik

3 hours ago, RocketElephant said:

So, is it possible for my wife and daughter to go to the US for a school year with my financial support from Vietnam?

Yes it is possible. You are receiving inaccurate information. Your wife can receive initial entry for one year (it happens but not very usual) or an initial six months and file an extension before the six months expires.

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One year is the maximum possible period of initial admission. 8 CFR 214.2(b)(1):  (b) Visitors -  (1) General. Any B-1 visitor for business or B-2 visitor for pleasure may be admitted for not more than one year and may be granted extensions of temporary stay in increments of not more than six months each, except that alien members of a religious denomination coming temporarily and solely to do missionary work in behalf of a religious denomination may be granted extensions of not more than one year each, provided that such work does not involve the selling of articles or the solicitation or acceptance of donations. Those B-1 and B-2 visitors admitted pursuant to the waiver provided at § 212.1(e) of this chapter may be admitted to and stay on Guam for period not to exceed fifteen days and are not eligible for extensions of stay.

https://www.law.cornell.edu/cfr/text/8/214.2#b_1

Permissible activities for a B2 visa include tourism or to visit family and friends. The  question is whether the consular officer and immigration officer will interpret what your wife is coming for (accompany your daughter and provide parental care for her while in school) as work, in which case it would be prohibited.

In my opinion you have little to lose (approximately $160 in application fees) by her applying and your spouse making clear to the consular officer her intentions. There are visa/immigration officers who will have no issue with the plan.

Remember VJ contributors are neither immigration attorneys nor immigration officers. 

On 10/18/2017 at 7:54 PM, cd37 said:

Why you want to create problems in somebodys life when he/she is not harming you. 

I am not an advocate of trying to harm someone’s immigration petition however someone is always hurt in a crime, there are no victimless crimes. Examples of people hurt are innocent genuine parties who get scrutinized and shafted because of other fraudsters misdeeds.

And how do you know that the alleged fraudsfer has not harmed the OP? You’re presuming too much. 

Evidence of the approval is the visa a copy of which you will include in the package. Congrats!

58 minutes ago, Anna1988 said:

but it looks like we're screwed! Even if I tell my fiance not to take the pictures to the interview, we've already submitted them in the petition, which the embassy will see. 

You’re not screwed. You need to relax and stop fretting over this. Consular officers posted to Ghana typically get a brush up on our customs. What you describe is a knocking ceremony and everyone knows the knocking is not the wedding (traditional marriage). Indeed in our culture the knocking is exactly the equivalent of a western engagement. If it comes up at the interview, tell that consular to ask any ghanaian working with him/her behind the counter.

That is never recommended, prepaying wedding expenses when you do not control the process. These processes sometimes get delayed. Nevertheless what’s done is done, stay positive.

The era in which people who overstayed and subsequently traveled on an approved advance parole were being denied entry upon returning are gone. There was a rule change in 2012 that stopped that policy after a case at the Board of Immigration Appeals. I remember very clearly because it happened not long after my adjustment of status.

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The USCIS has given guidance memorandum that applicants with advance parole issued based on a 485 pending does not have the unlawful presence bar applied to them for the departure. Matter of Arrabally and Yerrabelly (25 I & N Dec. 771 (BIA 2012)) was decided on April 17, 2012 by the Board of Immigration Appeals (BIA).  The immigration judges held that a couple with pending applications for permanent residence did not “depart” the U.S. when they traveled abroad and then re-entered using their approved I-512 Advance Parole, even though they had previously overstayed their visa by more than one year. https://www.justice.gov/sites/default/files/eoir/legacy/2014/07/25/3748 (final).pdf

When attorneys say do not travel on AP if you had a previous overstay, it’s out of an over abundance of caution and the fact that it takes some people a long time to adapt to a new way of thinking/doing things. If you need to travel, do it unless you have some other red flags on your profile like criminality, fraud etc.

On 12/28/2018 at 12:35 AM, Arshawks said:

But all that is not really matter now, all she need to know now is would her current green card still legit if she ignore the denial letter? 

She can ignore it. The fact that she applied for a correction does not mean the card has been voided. She can ignore the the denial letter, what was denied was the change. Her  underlying LPR status and card remain valid.

She can choose to file a fresh i90 but personally I won’t. I’ve carried various misspellings  of first name since September 1997.

33 minutes ago, Nicholasstarr said:

 But I read that the k3 spouse visa is no longer available or is very rarely approved. Leaving only the i-130 to be the only form the US petitioner fills out to petition his immediate relative, wife, brother, sister, daughter or son. So my ultimate number one question is do I need to go through the hassle I'm trying to drum up ancient criminal history records to successfully complete a form i-130. We are filing cr1 NOT k1, k3. 

You are correct. K3 is usually a waste of time, rarely approved.

https://citizenpath.com/k3-visa-process/

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In fiscal year 2016, the U.S. Department of State issued only 102 K3 visas as compared to 133,465 immigrant (IR1/CR1) visas for the spouses of U.S. citizens.

That said you should provide more information about you to get the best advice. 

29 minutes ago, Alex_Sharon_U said:

This is what I submitted! Which way then ?

 

This looks like the sensible option although they probably don't need the blank opposite page. If they do not like it the way you have it flip it so  the writing on the cover page is horizontal. I mean like the normal way you hold a book, long side vertical

Wow that's tough. Good to know his cancer is in remission. That's a 10 year ban right out of the gate. Getting an attorney was the right move. He will probably suggest you file a waiver, unless you have some extenuating circumstances it will be a tough slog to get that approved. You must keep positive because nothing is impossible, but also be grounded with the realities.

The cancer could be used against him as a public charge disqualification because of high treatment costs but depending on the kind of cancer etc, your attorney could shoot that down with an explanation that the probability of recurrence is low. I hope your attorney is the kind who will be honest with you and not lead you on spending money when the prognosis for success is not looking good.

I am also considering doing the 3 month visit to DR starting in February to get more FaceTime. I just returned last week from a three week visit.

Best wishes and positive energy your way and remember you cannot win if you don't play. If it costs some money, so be it. It is only money after all.

16 hours ago, geowrian said:

I'd lean more towards a visa as being turned away by CBP with a newly obtained visa is quite unlikely.

 

Well well well. Who would have thought?

41 minutes ago, missileman said:

Words are cheap.  Providing a dozen or so cases should be easy since it happens "a lot".....

OP should ignore negative types like you. Nothing to offer and always ready to rain on others parade and give 1000 reasons why something will not cannot should not happen. I provided evidence of my assertion which was personal, that made total nonsense of your assertion that another refusal was inevitable.

When you have nothing positive to contribute, a good suggestion is to zip it. Find someone else to be a Debbie Downer to. 

Have a Happy 2019!

5 hours ago, PaulTheSheik said:

On the contrary it is not. USA B visas are the ultimate lottery game, today you could be unlucky and tomorrow with the same circumstances you get lucky. It’s happened a lot. There’s little method to the madness (I should know, I’ve received seven in my lifetime and denied twice with one denial overturned the very next day same circumstances) and $160 is small change when viewed against the potential benefit.

The very next week, not next day. Go for it, reapply!

50 minutes ago, missileman said:

If circumstances haven't changed and there are recent denials, the outcome should be obvious........

On the contrary it is not. USA B visas are the ultimate lottery game, today you could be unlucky and tomorrow with the same circumstances you get lucky. It’s happened a lot. There’s little method to the madness (I should know, I’ve received seven in my lifetime and denied twice with one denial overturned the very next day) and $160 is small change when viewed against the potential benefit.

On 12/27/2018 at 9:23 AM, aaron2020 said:

If nothing has changed, then your parents are not going to get visitor visas.  

We again.  Are you really asking for a friend or asking for yourself?

Not true. You’re flat out wrong. I have several instances of people applying for a visa and getting rejected and reapplying two weeks later and for the visa. Does it happen a lot? No, but it happens quite a bit.

Also whether the original poster is asking for themselves or someone else is exactly none of your business. It doesn’t change the answer.

On 12/27/2018 at 9:24 AM, aaron2020 said:

 

If she needs her parents support, then she can go to visit them.  

Some people on this forum are just so negative and unsympathetic it’s unbelievable, geez.

On 12/20/2018 at 8:04 PM, SusieQQQ said:

The UK visa application form is far more stringent than the US one, so, I tend to think that if one is able to get a UK visa then one’s circumstances are probably such that one could get a US one (which is different than saying you get one because you already have the other). Of course, you can have a situation where you have a UK visa but are an overstay risk for the US (such as having a citizen adult child or fiancé), in which case your US visa might well be denied even with a UK visa in hand.

That’s not correct. The application form is more stringent however the actual refusal rate for UK visitor visas is only 9.67% which is lower than the refusal rate for USA B visas which is at least 25%.

https://ukvisa.blog/2018/11/23/uk-visa-success-rate/

https://travel.state.gov/content/dam/visas/Statistics/Non-Immigrant-Statistics/RefusalRates/FY17.pdf

13 hours ago, Sackeys_2016 said:

What is the best response response when asked why did you send her friend request on facebook to be her friend.....? 

I wouldn’t know. Thankfully I am not on Facebook so that temptation doesn’t exist. The truth will set you free, however it is not always convenient.

48 minutes ago, SusieQQQ said:

 

What then explains the many F1 applicants who get denied under immigrant intent? Not much winking there. Of course, many of those that are so denied are those that have immediate family in the US. Which happens to be OP’s situation.

The vast majority of those who get denied are this who didn’t get scholarships or attend the very best schools. Students who get scholarships and admission into the best schools almost invariably get the visa. You think they didn’t have immigrant intent?

The USA prefers the cream of the crop, and for those they look the other way on the issue of immigrant intent.

Just file to relinquish the green card though it’s already useless. A green card holder who voluntarily gives up the green card and applies for a visitor visa usually has credibility because if they really had immigrant intent they would try to cling to the green card.

On 12/28/2018 at 10:01 AM, tomriesgo said:

I'm guessing from the title they don't intend to return, and this poster is looking for anyway. To me this post rings airs of using student visas to eventually overstay or attempt to adjust. Deny it but what's being asked is can you use a student visa to bring your children over fast instead of waiting years n line, which you now have intent to commit fraud by using a student visa program with intentions over staying and adjusting. 

You’re presuming too much. Leave it to Department of State consular officers and USCIS folks to read negative intent into people’s plans.

A great many students come to the USA to study and ultimately adjust status lawfully. The USA government knows it, winks at it, and benefits from poaching the best and brightest from around the world. Don’t burst an artery with indignation.

On 12/27/2018 at 9:52 PM, aaron2020 said:

 

 

How are they going to prove that they will return home after finishing school in the US?

Almost no consular officer asks for that proof that although students are by definition expected to show ties to home country. I am talking from experience and that of the half of my fifty strong classmates who came for MSc’s in the USA. They accept your story at face value, in my case I plan to return to Ghana to help with Bridge Design.

On 12/11/2018 at 12:37 AM, Kaysian said:

same here, i will try again with required documents and hope CBP officer work in my favor 

Don’t. Bad plan. You don’t want two successive denied entries on your record. I would apply for a visa in your situation.

52 minutes ago, geowrian said:

Okay, then I suggest informing the OP how to prepare a strong tourist visa application. I'm sure I'll learn a lot too since I don't know what I'm talking about.

 

I corrected what you wrote. You said "If you apply for another ESTA and it’s denied, you will be permanently ineligible to use the VWP Option." The bolded section is false.

Visajourney is about giving advice and/or support to people in need of help, not just empty/trivial critiques of others suggestions. I have provided my suggestion, apply for a visa. What’s yours? You’ve provided none so far.

Unless perhaps you’re suggesting a person who was denied entry at the airport, go back on the same ESTA or apply for a new ESTA and then attempt to reenter the USA. That would be laughably terrible advice..

So we are all waiting for your superior suggestion, with bated breath.

24 minutes ago, payxibka said:

There are plenty of situations where the visa unit has rejected the petition, despite being approved by the uscis, and refused to continue the visa based on an ineligiblility contained in the petition.   

That has no bearing to what I am talking about. Of course the visa unit can reject a petition already approved by USCIS, they are not simply a rubber stamping organization otherwise there would be no need for the interview after USCIS approved. However Department of State cannot arbitrarily define their own criteria.

20 minutes ago, geowrian said:

How does one prepare a solid tourist visa application? There's nothing to do but fill out the DS-160.

One can have documents with them to show intention to return home or evidence of being able to to pay for the trip, but these are very rarely looked at (and what document ensures one would return home?).

 

Incorrect. A denied ESTA will very likely result in a new ESTA application being denied unless there is a change in circumstances (ESTAs aren't denied for no reason), but does not make somebody permanently ineligible for the VWP.

I don’t think you know what you’re talking about. You’re criticizing for criticizing sake. How does one prepare a solid visitor visa application? That displays a fundamental lack of knowledge of visitor visa adjudication. There are weak applications and strong applications. Not worth debating.

Also what was your point about the denial of ESTA? You simply echoed what I wrote. Cut out the semantics.